Fair Debt Collection Practices Act (FDCPA)

Better Credit Blog

Having debt in collections can be downright overwhelming, especially when debt collectors bombard you with dozens of phone calls. What Is the Fair Debt Collection Practices Act (FDCPA)? How the Federal Debt Collection Practices Act Protects You.

2019 Fair Debt Collection Practices Act

Burt and Associates

For your information is available the 2019 Fair Debt Collection Practices Act. The Federal Trade Commission (FTC) is the nation’s consumer protection agency. The FTC works to prevent fraudulent, deceptive and unfair business practices in the marketplace. FDCPA 2019. Education

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CFPB Proposes Regulations to Clarify, Modernize, and Implement the Fair Debt Collection Practices Act

Consumer Finance Watch

Financial institutions and debt collectors should take note of, and provide comments on, the CFPB’s recent Notice of Proposed Rulemaking, which attempts to provide consumers with “clear protections against harassment by debt collectors and straightforward options to address or dispute debts.” . Seeking to curb abuses in the debt collection industry, Congress enacted the FDCPA in 1977. Wayne Streibich , Diana M. Eng , Jonathan M. Robbin, Nicole R.

Call Recording Retention and Limitations on Selling/Referring of Accounts Headline Proposed Changes Under Colorado Fair Debt Collection Practices Act

Collection Industry News

On August 12, 2020, Nicholas Brechun, Compliance Supervisor for the Colorado Fair Debt Collection Practices Act (“CFDCPA” or “the Act”), sent out notice of a stakeholder meeting to discuss amendments to the Act. 4) – preventing a terminated licensee from selling rights to collect accounts to another licensee, instead only allowing a second licensee to purchase the right of referral from the client; Rule 2.03(2)

Call Recording Retention and Limitations on Selling/Referring of Accounts Headline Proposed Changes Under Colorado Fair Debt Collection Practices Act

Troutman Sanders

On August 12, 2020, Nicholas Brechun, Compliance Supervisor for the Colorado Fair Debt Collection Practices Act (“CFDCPA” or “the Act”), sent out notice of a stakeholder meeting to discuss amendments to the Act. All Entries Debt Buyers & Collectors TCPA

The Fair Debt Collection Practices Act

Collection Industry News

THE Fair Debt Collection Practices Act (FDCPA) is a federal law that was enacted in 1978 by the United States Congress to protect consumers from abusive debt collectors. Note, however, that the FDCPA applies only to third party collectors who collect debt for original creditors. It does not apply to the original creditor itself who uses its own employees to collect debt. He sends your $45,000 bill to a debt collector in LA.

Third Circuit Broadens Definition of “Debt Collector” under FDCPA to Include Entities That Acquire Debt but Outsource Collection of That Debt

Consumer Finance Watch

a recent precedential decision, the Third Circuit Court of Appeals held an entity whose business is the purchasing of defaulted debts for the purpose of collecting on them falls squarely within the “principal purpose” definition of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. 1692(a), even where the entity does not collect the debt and a third party is retained to do so. By: Jonathan M. Robbin, Diana M. Eng , and Maria K. Vigilante.

Second Circuit Holds No Need to Identify Components of Debt Where Collection Letter Provides Exact Amount Owed and Reaffirms Use of Safe Harbor in Holding Debt Collector’s Letter Did Not Violate the FDCPA

Consumer Finance Watch

2019), the Second Circuit recently held that a debt collector’s letters informing a consumer of the total present amount of debt owed satisfies Fair Debt Collection Practices Act (“FDCPA”) requirements. The Second Circuit’s decision clarified that, under the FDCPA, collection letters are not required to inform consumers of the debt’s constituent components, or the rates by which the debt may later increase. Jonathan M. Robbin, Diana M.

Eleventh Circuit Reaffirms its Prior Ruling that Debt Collectors who File Time-Barred Proofs of Claim are Subject to Liability Under the Fair Debt Collections Practices Act, and Further Concludes its Holding does not Place the FDCPA in Conflict with the B

The Creditors Rights

In 2014 the Eleventh Circuit held that a debt collector violates the Fair Debt Collections Practices Act when it filed a proof of claim in a chapter 13 case on a debt that it knows to be time-barred. 1692f, to collect a debt. Finding these terms to be ambiguous, the court adopted a “’least-sophisticated consumer’ standard” to determine whether a debt collector’s conduct is deceptive under the FDCPA.

Judge Grants MSJ For Defense in FDCPA Case Over Multiple Addresses in Letter

Account Recovery

Judge Grants MTD in FDCPA Case Over Lack of Standing

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Judge Approves $633k Settlement in FDCPA Case

Account Recovery

A District Court judge in New York has approved a class-action settlement in a Fair Debt Collection Practices Act case that will see the defendant pay $633,500 in debt relief, cash relief, attorney’s fees, and an award to the named plaintiff.

Judge Denies MTD in FDCPA Case Over Garnishment SOL

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Judge Denies Renewed MSJ in FDCPA Case Over Status of Letter

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Judge Grants MTD in FDCPA Case Over Alleged ‘Contradiction’ in Letter

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Plaintiff’s Attorney Ordered to Pay $27k After Judge Grants Sanctions Motion

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Appeals Court Affirms Dismissal of FDCPA Suit Over Dispute Notice

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The Second Circuit Court of Appeals has upheld the dismissal of a lawsuit that accused a collector of violating the Fair Debt Collection Practices Act by not specifically mentioning that a portion of a debt could be disputed, thus allegedly deceiving the plaintiff into thinking only the whole amount could be disputed.

Judge Grants MTD in FDCPA Case Over ‘Other Charges’ For a Second Time

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Judge Grants Motion For Defense in FDCPA Case Over Creditor Identification in Letter

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Defendants Settle Class Action FDCPA Suit

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Judge Grants MTD in FDCPA Case Over Duplicate Letters

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A District Court judge in New York has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case but denied a motion for attorney’s fees, after the defendant sent two identical collection letters in close succession to one another, which the plaintiff claimed overshadowed the validation notice.

Judge Grants MTD in FDCPA Case

Account Recovery

A District Court judge in New York has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act, in a case where the plaintiff attempted to use many of the current crop of greatest hits being claimed by individuals suing collection agencies.

Appeals Court Affirms for Defendant Accused of Attempting to Collect Wrong Amount

Account Recovery

The second time before the Ninth Circuit Court of Appeals turned out to be the charm for a debt collector that was accused of violating the Fair Debt Collection Practices Act by attempting to collect more than what was owed after a hospital made a billing error.

Judge Overrules Sanctions Recommendation in FDCPA Case

Account Recovery

After a Magistrate Court judge recommended that the defendants in a Fair Debt Collection Practices Act case file a motion for sanctions, a District Court judge in New York has denied the motion, ruling that the “reckless and overzealous advocacy” of the plaintiffs does not rise to the threshold of constituting “bad faith.”

Appeals Court Affirms Dismissal of FDCPA Suit Over SOL

Account Recovery

The Court of Appeals for the Eleventh Circuit has upheld the dismissal of a Fair Debt Collection Practices Act lawsuit that a lower court deemed was time-barred by the law’s one-year statute of limitations, striking down the plaintiff’s argument that a state law in Georgia should have allowed the case to continue.

Judge Grants MTD in FDCPA Case Over Third Party With Same Name Opening Summons

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Judge Grants MSJ in FDCPA Class Action Over Interest, Fees Disclosure in Letter

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Appeals Court Affirms Dismissal of FDCPA Suit

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Judge Grants MTD in FDCPA Letter Overshadowing Case

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Daily Digest – October 19. Judge Approves $633k Settlement in FDCPA Class Action; Judge Denies MTD in FCRA Suit Over Lack of Investigation

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JUDGE APPROVES $633K SETTLEMENT IN FDCPA CLASS ACTION A District Court judge in New York has approved a class-action settlement in a Fair Debt Collection Practices Act case that will see the defendant pay $633,500 in debt relief, cash relief, attorney’s fees, and an award to the named plaintiff.

Collection Firm Facing Class-Action FDCPA Suit

Account Recovery

A collection law firm in Virginia is being sued for allegedly violating the Fair Debt Collection Practices Act by misrepresenting the amount of attorney involvement in drafting collection letters and for charging “unreasonable” fees to individuals who do not pay their rent.

Judge Denies MTD in FDCPA Case While State Court Case is Ongoing

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Judge Grants $175k Settlement in FDCPA Case

Account Recovery

A District Court judge in California has granted final approval of a $175,000 settlement in a class-action Fair Debt Collection Practices Act case.

Judge Denies Motion to Compel Arbitration in FDCPA, TCPA Class Action

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One Missed, But Returned Phone Call Enough to Confer Standing in TCPA Case

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Judge Grants MTD in FDCPA Overshadowing Case

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Judge Grants MTD in Student Loan Collection Case

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